In recent times, there has been an increase in the parties favouring memorial style pleadings over more traditional common law pleadings. A memorial style pleading requires an expert assessment to determine the claims pleaded by a party to the case. Naturally, this would increase the role and the responsibility of the Expert in any dispute. The article briefly discusses the challenges Expert’s face in providing Expert Evidence to the Tribunal in memorial style pleadings. My experience predominantly lies in matters of Delay and Quantum; hence I shall discuss challenges faced by experts in these matters.

The presentation of quantum evidence is a key cog in the wheel of dispute resolution that can significantly influence the outcome of an arbitration. The evidence by Quantum Experts involves the assessment of the financial impact of disputes, including claims for additional costs and damages associated with delays. As construction projects become increasingly complex, the role of quantum experts has evolved to encompass a wide range of technical and financial analysis, which must be communicated effectively to the Tribunal. This article aims to provide an overview on effectively preparing and presenting quantum evidence in construction disputes.

Constructive acceleration arises when a contractor is compelled to complete the works within the original contract period, despite the presence of excusable delays that would justify the granting of an Extension of Time (EOT). This typically occurs when the employer either delays the approval of the EOT or disputes its entitlement, leaving the contractor with no choice but to mitigate the risk of delay damages by accelerating the works at their own expense. A common cause of constructive acceleration is the employer’s “Wait and See” approach to EOT claims. Instead of awarding an EOT prospectively based on the predicted effects of a delay event, the employer delays its decision until the actual delay materializes. This deferral of the EOT decision forces the contractor to implement acceleration measures to meet the original completion date, effectively creating an implied instruction to accelerate the works.

Unlocking the complexities of construction delays: Dive into the realm of delay analysis in building contracts to understand the critical factors shaping project timelines and outcomes. Understanding Delay in Construction Projects In the dynamic realm of construction industry, delays are more than just time lags; they’re intricate challenges that deeply impacts the stakeholders. Defined as the time difference between the contractual completion date and date of actual completion, delays are a common occurrence in construction industry.

In construction and infrastructure arbitration, experts play a pivotal role in ensuring fair and efficient proceedings by bridging the gap between legal interpretation and technical complexities. Their specialized knowledge enables arbitrators to make well-informed decisions. Construction disputes frequently involve delays, cost overruns, and technical challenges, making expert intervention essential. Experts provide independent analysis, technical assessments, and professional insights to assist tribunals in evaluating claims objectively.